NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22463
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Trackman Frank Parker, Jr. was
without just or proper cause (System File B-1637).
(2) Claimant Parker shall be returned to service with
seniority and all other rights unimpaired and with pay for all time
lost in conformance with Agreement Rule 91(b)(6)."
OPINION OF BOARD: Claimant threatened his foreman by telling him
that he was going to take a "spike handle and
whip your all over the yard." The record of the investigaEion
conclusively established the offense. The threat was made by claimant
during an attempt by his foreman to get claimant to perform the work
assigned to him. Carrier assessed discipline for insubordination
and threats. Its action is fully supported by the record. The
Board finds no evidence of discriminatory or arbitrary and capricious
treatment. The claim will be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute
are respectively Carrier and Employes within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
Award Number
22363
Docket Number M-22463
That the Agreement was not violated.
A W A R D
Claim denied.
ATTEST:
ogExecutive Secretary
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NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 30th day of March
1979.
